{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-112.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-112.2","heading":"Evidence of ongoing domestic abuse or child abuse -","body":"Determinations relating to convicted sex offenders - Presumption.\n\nA. In every case involving the custody of, guardianship of or\n\nvisitation with a child, the court shall consider for determining\n\nthe custody of, guardianship of or the visitation with a child\n\nwhether any person seeking custody or who has custody of,\n\nguardianship of or visitation with a child:\n\n1. Is or has been subject to the registration requirements of\n\nthe Sex Offenders Registration Act or any similar act in any other\n\nstate;\n\n2. Has been convicted of a crime listed in the Oklahoma Child\n\nAbuse Reporting and Prevention Act or in Section 582 of Title 57 of\n\nthe Oklahoma Statutes;\n\n3. Is an alcohol-dependent person or a drug-dependent person as\n\nestablished by clear and convincing evidence and who can be expected\n\nin the near future to inflict or attempt to inflict serious bodily\n\nharm to himself or herself or another person as a result of such\n\ndependency;\n\n4. Has been convicted of domestic abuse within the past five\n\n(5) years;\n\n5. Is residing with an individual who is or has been subject to\n\nthe registration requirements of the Sex Offenders Registration Act\n\nor any similar act in any other state;\n\n6. Is residing with a person who has been convicted of a crime\n\nlisted in the Oklahoma Child Abuse Reporting and Prevention Act or\n\nin Section 582 of Title 57 of the Oklahoma Statutes;\n\n7. Is residing with a person who has been convicted of domestic\n\nabuse within the past five (5) years; or\n\n8. Has had custody, guardianship, or visitation rights\n\nterminated due to failure to complete or participate in any court-\n\nordered substance abuse or mental health treatment.\n\nB. There shall be a rebuttable presumption that it is not in\n\nthe best interests of the child to have custody or guardianship\n\ngranted to a person who:\n\n1. Is subject to or has been subject to the registration\n\nrequirements of the Sex Offenders Registration Act or any similar\n\nact in any other state;\n\n2. Has been convicted of a crime listed in the Oklahoma Child\n\nAbuse Reporting and Prevention Act or in Section 582 of Title 57 of\n\nthe Oklahoma Statutes;\n\n3. Is an alcohol-dependent person or a drug-dependent person as\n\nestablished by clear and convincing evidence and who can be expected\n\nin the near future to inflict or attempt to inflict serious bodily\n\nharm to himself or herself or another person as a result of such\n\ndependency;\n\n4. Has been convicted of domestic abuse within the past five\n\n(5) years;\n\n5. Is residing with a person who is or has been subject to the\n\nregistration requirements of the Sex Offenders Registration Act or\n\nany similar act in any other state;\n\n6. Is residing with a person who has been convicted of a crime\n\nlisted in the Oklahoma Child Abuse Reporting and Prevention Act or\n\nin Section 582 of Title 57 of the Oklahoma Statutes;\n\n7. Is residing with a person convicted of domestic abuse within\n\nthe past five (5) years; or\n\n8. Has had custody, guardianship, or visitation rights\n\nterminated due to failure to complete or participate in any court-\n\nordered substance abuse or mental health treatment.\n\nC. Custody of, guardianship of, or visitation with a child\n\nshall not be granted to any person if it is established that the\n\ncustody, guardianship or visitation will likely expose the child to\n\na foreseeable risk of material harm.\n\nD. Except as otherwise provided by the Oklahoma Child\n\nSupervised Visitation Program, court-ordered supervised visitation\n\nshall be governed by the Oklahoma Child Supervised Visitation\n\nProgram.\n\nE. For purposes of this section:\n\n1. “Alcohol-dependent person” has the same meaning as such term\n\nis defined in Section 3-403 of Title 43A of the Oklahoma Statutes;\n\n2. “Domestic abuse” has the same meaning as such term is\n\ndefined in Section 60.1 of Title 22 of the Oklahoma Statutes;\nam, court-ordered supervised visitation\n\nshall be governed by the Oklahoma Child Supervised Visitation\n\nProgram.\n\nE. For purposes of this section:\n\n1. “Alcohol-dependent person” has the same meaning as such term\n\nis defined in Section 3-403 of Title 43A of the Oklahoma Statutes;\n\n2. “Domestic abuse” has the same meaning as such term is\n\ndefined in Section 60.1 of Title 22 of the Oklahoma Statutes;\n\n3. “Drug-dependent person” has the same meaning as such term is\n\ndefined in Section 3-403 of Title 43A of the Oklahoma Statutes; and\n\n4. “Supervised visitation” means a program established pursuant\n\nto Section 110.1a of this title.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2914d331d62d9575c6b295bfa5a0202ed7216bd1bdcd692ce35d9d1b9b4d796a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-112.1a","next":"us-ok/okla.-stat.-tit.-43-43-112.2a"},"notice":"GroundRules: Original legal text. Not legal advice."}